Legal Documents of Sweetwater

It is the intent of the zoning code to recognize that the elimination as expeditiously as is reasonable, of the existing buildings and structures or uses that are not in conformity with the provisions of the zoning code is as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses that would violate the provisions of the zoning code. It is also the intent of the zoning code to so administer the elimination of nonconforming uses, buildings, and structures as to avoid an unreasonable invasion of established private property rights. Lawful nonconforming uses, buildings, and structures existing at the time of the passage of the zoning code or any amendment thereto shall be allowed to remain subject to the following provisions:

1. An existing nonconforming use of a building may be changed to a conforming use, to a nonconforming use of the same classification, or to a nonconforming use of a more restrictive classification; provided, however, that establishment of another nonconforming use of the same or more restrictive classification shall be subject to written approval of the board of zoning appeals, and subject to such conditions as the board of zoning appeals may require in order to protect the area.
2. A nonconforming use of land shall be restricted to the area occupied by such use as of the effective date of the zoning code. A nonconforming use of a building or buildings shall not be enlarged to either additional land or buildings after the effective date of the zoning code.
3. When a nonconforming use of any structure or land, excepting nonconforming mobile homes or mobile home parks, has been discontinued for a period of six (6) months, it shall not be reestablished or changed to any use not in conformity with the provisions of the zoning code. Immediately upon the removal of a nonconforming mobile home or discontinuance of a nonconforming mobile home park, the nonconformity of such structure and use of land shall lapse.
4. Any nonconforming building or nonconforming use, which is damaged by fire, flood, wind, or other act of God or man, may be reconstructed and used as before, if it be done within twelve (12) months of such damage, unless damaged to an extent of more than sixty (60) percent of its fair sales value immediately prior to damage, in which case any repair or reconstruction shall be in conformity with the provisions of the zoning code.
5. A nonconforming building or building housing a non-conforming use shall not be structurally altered except in conformance with the provisions of the zoning code. These provisions shall not be construed to prevent normal maintenance and repairs or alterations required for structural safety. (1982 Code, § 11-502)